Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-03-30
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where papers have once been filed with the
Re gister and Receiver they become . part OF
the record, and eau neither be Withdrawn nor
returned. but must be to the Gen
eral Land Once.
An application will be rejected when the
scription of the premises is erroneous or
sufficient.
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge of the Register.
Second-The notice was not published in q
new paper designated as published nearest the
claim.
Third-Record title was found defective,
and
Fourth--A previous application had been
made for the same promises, which was with
drawn pending u suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define the
boundaries OF the claim.
Where the claim was not located in accord
ance with law.
Where several parties own separate and dis
tinct portions Of q claim, application for
patent may be made by either for tn at portion
Of the claim owned by him; but where several
parties own undivided interests in : mining
claim all should join In an application for a
patent.
A person or association may purchase as
| Llbb1 PAoNcI AOSRtAbAb - A Oto INV III
and embrace them all In one application for q
patent.
Two or more lodes cannot bs embraced in
one application for Q patent except for placer
| claims embracing two or more lodes within
their boundaries
Papers sworn TO before any person purport-
| ing to act as q deputy for the Register and Re
ceiver cannot be recorded 81 evidences.
In all patents for mining claims situated
within the interior boundaries OF g to wn site
. clause is in erted "excepting and excluding
all town property, rights upon the surface,
aud all houses, buildings. structures, lots,
blocks, streets, alleys or other municipal i'm
provemeuts not belonging to the grantee here.
in, and all rights necessary or proper to the
occupation, possession and enjoyment Of the
same"
Publication of notice must be made q only
one newspaper for the period of so days.
Notice must be published 10 consecutive
weeks in weekly newspapers, and in daily
newspapers 90 days must elspse between the
fret and last insertions.
Where the Register designates the ally issue
Of q newspaper for publication OF notices of u
mining application for patent it IL lot n com
pliance with law to change to the weekly edi.
tion of the same paper without authority Of
the Register.
The existence OF q salt spring on 3 tract OF
land withdrsws 1t from the operation Of the
homestead and presumption laws. A hearing
for the purpose Of proving the agrtcultursl
character of such land 10 not allowed. Lane
containing valuable deposits Of slate may bt
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file q separate and
distinct claim against each application which
1t 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers in an adverse claim, once fled
cannot be withdrawn but becomes q part Of the
record.
When an adverse claim has been filed 1t can.
L mi 10 AaaAEAA a n 80 a. ----
ton of the premises than that described in the
originsl adverse claim.
An adverse claim must be made out IN
proper form and filed in the proper local OIL CT
during the period OF public Aiion Of the appli
cation for the patent to be effective.
1t IL the duty OF the adverse claimant {
commence suit in proper form within the re
CURED time, and IL he trusts the uncertain
medium Of the United States mail he must
abide the consequencef, should the delay
ensue, through misfortune or accident. Should
the failure TO IN suit be the result OF
the cor rupt or dishonest actiono Of his attorney
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth in de.
tail the facts upon which he bases his adverse
claim. A statement in general terms, embody
ing conclusions of law, without stating the
facts specially, Will not he considered In evi.
dence.
An adverse claimant should show q compii
ance with the local laws In recording hts claim
and In regard to expenditures. aud shall hle
copy Of the original notice OF his location, and
show the nature or extent OF the conflc
alleged.
An allegation of parties TO a suit that they
compose the company is sufficient, and they
are not required to prove that they are tn,
original ~locztors or the Identical parties who
present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
Where land is of little, if any value, for agri.
cultural purposes, but IL essential to the
proper development OF mining claima, Il
should be disposed of under the Mining Act.
Where lands containing valuable mineral
deposits have been included in an agricultural
entry, said entry will be cancelled al any time
prior to issuance Of patent. upon satisfactory
evidence of the existence of such valuable de-
posts.
Where valuable deposits of mineral are dis
covered upon o tract sitter the same sas been
en- tered al agricultural, but before / Jtent has
been issued, the parties claiming the mine
may make application for patent for same.
and the agricultural entry viii be Cancelled 70
that portion OF the land embraced by said
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
Issued to an agricultural claimant they pAss
with the patent.
Agricultural College scrip cannot be
ceived In payment for claims.
ALIENS.
A foreigner may mako a mining location
dispose OF 1t. provided he becomes & citizen
before disposing OF the mine. Proof that the
party was not q citizen before disposing OF hts
claim must be afirmatively shown.
Locators and intermediate owners. other
than applicants. Will not be presumed aliens.
In the absence VI allegation or objection prior
to issuance Of patent.
The portion of q mining claim sold TO An
alien cannot be patented while such owner ia
an alien; but on his declsrationi o become a
citizen his right dates back to his purchase.
aud he may thereupon secure United States
patent for his claim.
CROSS LEDGEs.
Revised Statutes. Section 1850;
Where two or more edges cross or intersect
each other, priority OF title shall govern. and
such prior location shall be entitled 10 All ore
or mineral cont lined within the space of inter.
section, but the subsequent location shall have
the right Of way through the space Of inter
section for the purpose Of the convenient
working OF the mine. And where two or more
veins unite the Oldest or prior location shall
take the vein below the point Of union, In.
GLIDING all the space of intersection.
TUNNELS.
There Is no authority of law for a tunnel